Atwood v. Commonwealth

CULLEN, Commissioner.

Otha Vernon Atwood was charged with murder in the killing of Frank Rousey, *427was convicted of voluntary manslaughter, and was given a five-year sentence. He appeals from the judgment of conviction. His grounds of error are (1) the evidence showed that the shooting grew out of the commission of a felony by Rousey, which fact exonerates Atwood; (2) the court should have instructed on involuntary manslaughter and on accidental shooting; and (3) the evidence did not sustain a conviction of voluntary manslaughter but on the contrary showed a clear case of self-defense.

Atwood,…